EPA v. ARISTECH CHEMICAL CORPORATION

Case summary

ARISTECH HAS, ON A CONTINUING BASIS, VIOLATED THE TERMS OF ITS NPDES PERMIT NUMBER OH0007391. ARISTECH OWNS AND OPERATES A CHEMICAL MANUFACTURING FACILI TY IN HAVERHILL, OHIO. ARISTECH'S NPDES PERMIT CREATED SPECIFIC EFFLUENT LIMITS FOR ITS WASTE DISCHARES AT OUTFALL NUMBER 602. ACOORDING TO ARISTECH'S MONTHLY OPERATING REPORTS, FROM MAY 1986 THROUGH MARCH 1988, ARISTECH VIOLATED THESE LIMITS OVER 130 TIMES. IN PARTICULAR, ARISTECH VIOLA- TED THE LIMITS ON TOTAL SUSPENDED SOLIDS, BIOCHEMICAL OXYGEN DEMAND, FECAL COLIFORM, AND TOTOAL RESIDUAL CHLORINE. ARISTECH MUST BE ENJOINED FROM OPERATING IN VIOLATION OF ITS NPDES PERMIT. ARISTECH MUST BE ASSESSED A CIVIL PENALTY THAT ACCOUNTS FOR MORE THAN THE BENEFIT COMPONENT FOR NON- COMPLIANCE. ARISTECH MUST BE HELD TO THE EFFLUENT LIMITS IN ITS PRESENT NPDES PERMIT AND TO CONSTRUCT IMPROVED TREATMENT CAPABILITY ACCORDING TO A FIXED, ENFORCEABLE COMPLIANCE SCHEDULE. RECOMMENDATION THIS ACTION QUALIFIES AS A DIRECT REFERRAL. THE LITIGA- TION REPORT RECOMMENDS THE FILING OF A CIVIL ACTION AGAINST ARISTECH, SEEKING BOTH INJUNCTIVE RELIEF AND THE ASSESSMENT OF CIVIL PENALTIES.

Defendants (1)

• ARISTECH CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ALTIVIA PETROCHEMICAL -FORMERLY- SUNOCO INCORPORATED

  1019 HAVERHILL-OHIO FURNACE ROAD, HAVERHILL, OH, 45636

  Registry ID: 110042073332

Statutes cited

• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• ARISTECH CHEMICAL CORPORATIONentered 1992-02-14

  Primary law: CWA

  Federal penalty: $72,000

Timeline (7 milestones)

• 1987-04-06Enforcement Action Data Entered
• 1988-12-08Referred To Dept Of Justice
• 1989-06-30Complaint Filed With Court
• 1992-02-14Concluded
• 1992-02-14Final Order Lodged
• 1992-02-14Final Order Entered
• 1993-02-14Enforcement Action Closed